208Do3326 Injury

1. Kim ITE (E), and ME;

Daejeon OE DE ITE

Reference domicile DoE E DoE TI

2. Transmission (DETEC) and ITE;

Daejeon OS DE LE

Reference domicile Daejeon

Defendants

Daejeon District Court Decision 2007No1791 Decided April 11, 2008

October 9, 2008

All appeals are dismissed.

The Defendants’ grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed) are also examined.

The court below affirmed the judgment of the court of first instance which found the defendants guilty on the grounds that the facts constituting the crime in the judgment can be recognized by taking full account of the employment evidence, and in light of the records, the selection of evidence and fact-finding in the court of first instance can be justified and acceptable, and there is no error of law due to incomplete deliberation or misconception of facts

Furthermore, the court below rejected the defendant's assertion that the defendant's act constitutes legitimate defense or legitimate act on the ground that the defendant's act constitutes an act of attack beyond the passive limit of defense was characterized by an active counter-defense. In light of the records, the judgment of the court below is just, and there is no error of law in the misapprehension of legal principles as to legitimate act or legitimate self-defense as

In addition, the ground of appeal that Defendant Kim's act constitutes legitimate self-defense cannot be seen as an act to defend the present unfair infringement.

In addition, since a fine was imposed on Defendant Kim, the argument that the amount of punishment in the original trial is excessive cannot be a legitimate ground for appeal.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yang Sung-tae

Justices Park Jong-hwan

Justices Park Poe-young

Justices Kim Gi-hwan